Original scientific paper
https://doi.org/10.25234/pv/21767
EXEMPTION FROM JURISDICTION IN EUROPEAN CIVIL PROCEDURAL LAW
Katarina Knol Radoja
orcid.org/0000-0003-0275-3076
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radića 13, 31000 Osijek, Republic of Croatia
Abstract
The paper analyses the right to be exempt from jurisdiction (immunity) under customary international law and European civil procedural law following the interpretation of the Court of Justice of the European Union. The aim is to research the balance between this right and the right of access to the courts as its potentially restrictive factor in the case law of the Court of Justice of the European Union and to compare it with the case law of the European Court of Human Rights. In deciding the LG and Others v. Rina and Ente Registro Navale as the most important case in this regard, the Court of Justice of the European Union states that the national court before which the issue of exemption from jurisdiction arises, must be persuaded that there will be no violation of the right of access to the courts, if it accepts the immunity objection. In this way, the Court determined the limit of exemption from jurisdiction by allowing the waiver of jurisdiction for reasons of compliance with international legal obligations and noting the need to preserve fundamental rights. However, as to the terms of that limitation, the Court remained vague.
Keywords
exemption from jurisdiction; European civil procedure law; right of access to court
Hrčak ID:
281058
URI
Publication date:
1.8.2022.
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